AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION:

ITIAL)

GRADE

AMN
x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTIIER

DENY
x x x x
x

ISSUES

A92.0l

INDEX NUMBER

A67.IO	J:"'

l	ORDER APPOINTING TIIE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL"S RELEASE TO TIIE BOARD
ADDITIONAL EXHIBITS  UBM!TTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

02 Feb 2005	FD-2004-00393

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's request.

TO:

SAFIMRBR
550 C STREET WEST. SUITE 40 RANDOLPH AFB. TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
15l5 COMMAND DR, EE WING,3RD FLOOR ANDREWS AFB, MD 20762·7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00393	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Issue 1. Applicant was discharged for minor disciplinary infractions and contends his service was  honorable. The DRB took note of the applicant's duty performance as documented by his performance reports and military personnel record. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The records indicated the applicant received an Article 15, a vacation action, five Letters of Reprimand, two Letters of Counseling, two Records of Individual Counseling, and four Memorandums for Record.  His misconduct included financial irresponsibility,   failure to go and late for duty on multiple occasions, and lack of motivation.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 18 May 1993) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief